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(영문) 수원지방법원 안산지원 2016.07.26 2015고단3830
절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 07:00 to 09:00 on October 24, 2010, the Defendant entered the house through a crepan, where surveillance was neglected due to the lack of any reason in the victim D’s residence located in Ansan-si, Ansan-si, and entered the house through a crepan, thereby holding 13 cosmetics equivalent to 520,000 won in the market price of the victim’s ownership, and 6 general ambs equivalent to 35,000 won in the market price.

As such, the Defendant infringed upon the victim’s residence and stolen the victim’s property.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 329 of the Criminal Act (a point in Section 329), Article 319 (1) of the Criminal Act (a point in intrusion upon residence) and choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Standard of sentencing [Scope of Recommendation] Reference to the minimum sentence (8 months) for general property, the mitigated area (8 months to 1 year and 6 months) (special mitigated persons) - Livelihood types of offenses: Provided, That as for the remaining offenses, no sentencing guidelines are yet set, reference is made only for the above recommended minimum of punishment (8 months);

2. In full view of all the circumstances, including the fact that the Defendant who was sentenced to the sentence appears to have led to a confession and reflect on the instant crime, the amount of damage in this case is relatively small, the Defendant supports a mother whose health status is not good, and the Defendant has no same criminal record, the sentence shall be determined as ordered within the scope of the above sentencing criteria.

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